Open Solicitation Plan › HHS-Program › ...E. Resume – If applying as an individual, please provide a copy of your up-to-date resume. If an agency or organization is applying,

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Open Solicitation Plan For

Open Solicitation #1040668 – Grant Writer As required by Montgomery County Procurement Regulations, Code of Montgomery County Regulations (COMCOR), Section 11B.00.01, et seq., Section 4.1.6.3 (a), the Department of Health and Human Services (DHHS) is submitting this Open Solicitation Plan for approval by the Director, Office of Procurement, Montgomery County. Section 4.1.6.3 Procedure (1) Public Notice – Notice for this solicitation will be posted on the Montgomery County (County),

Office of Procurement website. (2) Application Process – The DHHS, Contract Management Team (CMT) will mail out the

solicitation packet for this Open Solicitation to all providers who express an interest in applying to provide the requested services. The solicitation packet includes the following: 1) the Notice to Vendors; 2) the Instructions; and 3) the Pre-Approved Form Contract including the General Conditions of Contract Between County and Contractor and all other attachments. Applicants will be required to sign the Application Form (Attachment B, to the pre-approved Form Contract), stating that they have received the solicitation packet and understand the requirements of this Open Solicitation.

(3) Criteria for accepting or rejecting applications – The solicitation packet contains the minimum

qualifications (set forth in Article II., Minimum Qualifications of the Pre-Approved Form Contract) for services upon which applicants will be accepted. Applications will be reviewed by DHHS staff for acceptance or rejection, based on the minimum qualifications.

(4) All applicants meeting the minimum qualifications listed in the Pre-Approved Form Contract

will be eligible to receive a contract to provide the services described in the Open Solicitation. The County will assign work to the contractor based on the needs of the County, contractor’s experience in a particular grant area, availability of the contractor and on a rotating basis based on the order in which contracts were executed under this Open Solicitation. When assigning work, the County will choose the contractor that is able to provide the services within the time frame needed by the County.

(5) Pre-Approved Form Contract – Applicants will be required to execute a contract with the

County using the Pre-Approved Form Contract (the Form Contract), including the General Conditions of Contract Between County and Contractor (General Conditions), without modification.

(6) Cost – The cost of contracts will not exceed available fiscal appropriations. Funds will be

encumbered in purchase orders issued by DHHS under the contracts awarded as a result of this Open Solicitation.

(7) Cancellation – The County reserves the option to cancel this Open Solicitation at any time.

Award of a contract under this Open Solicitation is subject to fiscal appropriations.

Notice to Vendors 1 of 1

OPEN SOLICITATION # 1040668 NOTICE TO VENDORS

GRANT WRITER

The Montgomery County, Department of Health and Human Services (DHHS) is seeking

applications from professionals qualified to contribute to the development and writing of grant proposals to federal, state, and local government agencies, foundations, and other public and private funding sources. These professionals must research, write, edit, package and produce timely, high-quality proposals and funding applications in collaboration with DHHS program staff and the DHHS Grants and Resource Acquisition Unit (GRAU) Program Manager.

Applicants wishing to provide the services described above, must meet and comply with the

required minimum qualifications described in Article II., Minimum Qualification of the Pre-Approved Form Contract. A complete description of the Scope of Services is listed in the Open Solicitation packet. You may obtain a packet by contacting the Contract Management Team at 240-777-1562, requesting Open Solicitation #1040668, and providing your name or a contact name, an email address, your complete address, and your telephone number.

The rates for the services under Open Solicitation #1040668 are set by the County and published at http://www.montgomerycountymd.gov/HHS-program/coo/contractmgmt/cmtcursolicits.html

The County may, at its option, and as fiscal appropriation allows, adjust the rates for contracts resulting from this Solicitation at the beginning of the County’s Fiscal Year (i.e. July 1). The Contractor is responsible for checking the website listed above at the beginning of each fiscal year (beginning July 1st) to obtain copy of the County’s current approved rates. Adjustment of the rates for contracts resulting from this Solicitation will be accomplished without having to reissue this Open Solicitation. The County’s Fiscal Year runs from July 1st through June 30th.

The County will enter into a contract with all applicants who meet the minimum qualifications as described in the Form Approved Contract (Article II., Minimum Qualifications) and are found to be responsible. The County will sign the Pre-Approved Form contract and return a copy to the applicant. The Pre-Approved Form Contract with all Attachments will constitute the entire Contract. Please keep a copy of all these documents for your records. The applicant must sign the County’s Pre-Approved Form Contract which includes the General Conditions of Contract Between County and Contractor, and other Attachments, as written with no modification.

The County does not guarantee that Contractors providing services in accordance with a contract

resulting from this Open Solicitation will receive any minimum amount of work, or any, work assignments. The County will assign work to the Contractor based on the needs of the County, Contractor’s experience in a particular grant area, availability of the Contractor and on a rotating basis. When assigning work, the County will choose the contractor that is able to provide the services within the time frame needed by the County based on the order in which contracts were executed under this Open Solicitation.

Questions related to the technical information in this Open Solicitation should be directed to

Kathleen Sheedy, Program Manager II, at 240-777-4518.

Questions related to the application/contract process and insurance requirements may be directed to Kara Ingram Dukes, Senior Contract Manager, at 240-777-4453.

http://www.montgomerycountymd.gov/HHS-program/coo/contractmgmt/cmtcursolicits.html

Grant Writer Open Solicitation #1040668

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INSTRUCTIONS TO VENDORS

The County will enter into contracts with all applicants who meet the Minimum Qualifications stated in Article II. Minimum Qualifications of the Pre-Approved Form Contract and are found to be responsible. If your application is accepted and approved and your organization is found to be responsible, the County will execute the contract and return a copy to you. Once you receive notice from the County that the contract has been executed and the following documents: a) an executed purchase order from the County and b) a request for services from the County, you may begin to provide services to the County.

The County does not guarantee that any contractor providing services in accordance with a

contract resulting from this Open Solicitation will receive any minimum amount of work, or any, work assignments. The County will assign work to the contractor based on the needs of the County, contractor’s experience in a particular grant area, availability of the contractor and on a rotating basis based on the order in which contracts were executed under this Open Solicitation. When assigning work, the County will choose the contractor that is able to provide the services within the time frame needed by the County.

Award of a contract under this Open Solicitation is subject to fiscal appropriations. The County reserves the right to cancel this Open Solicitation at any time.

I. Submission Documents: The following items must be submitted: A. Pre-Approved Form Contract and Contract Attachments–the Pre-Approved Form Contract

must be filled out correctly and submitted. Please follow these steps: 1. Sign the Pre-Approved Form Contract – If the applicant is a corporation,

an officer of the corporation with authority to sign contracts for the corporation must sign the Pre-Approved Form Contract.

2. PLEASE DO NOT PUT A DATE IN THE PARAGRAPH AT THE TOP OF THE PAGE. ENTER A DATE ONLY IN THE SIGNATURE BLOCK.

3. Submit all the pages of the Pre-Approved Form Contract (not just the signature page), including the completed attachments listed below and in Item B, Application Documents

a. General Conditions of Contract Between County & Contractor, (Attachment A);

B. Application Documents - The following attachments are required and must be completed or the

application will be rejected:

1. Attachment B, “Application Form”. 2. Attachment C, Minority Business Program & Offeror’s Representation (Optional) 3. Attachment D, “Minority, Female Disabled (MFD) Person Subcontractor

Performance Plan” – Please submit your MFD plan or request a waiver. 4. Attachment E “Wage Requirements for Services Contract Addendum to The

General Conditions of Contract Between County and Contractor”

Grant Writer Open Solicitation #1040668

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C. Narrative – A description of your (if individual) or your organization’s area of specialty, knowledge of and experience demonstrating the development of high quality, substantive grant applications to funders that include, but are not limited to, federal, state and local government entities, private foundations or other sources of funding. Narrative must be no more than two (2) pages (not including cover letter or attachments).

D. Samples– Provide minimum of two samples of grant applications written by the Contractor

within the previous two years and three references. E. Resume – If applying as an individual, please provide a copy of your up-to-date resume. If an

agency or organization is applying, please provide a copy of an up-to-date resume for each person who would provide services under the Contract resulting from this Open Solicitation.

E. Proof of legal name – Articles of Incorporation and Articles of Amendment if applicable. F. W-9 Tax form or a copy of Social Security card if applicant is an individual or Sole

Proprietorship. F. Proof of tax-exempt status – Determination letter from the IRS if applicable. As directed above in Section I., please complete, attach, and send all Submission Documents to:

Montgomery County, Maryland 401 Hungerford Drive, 7th Floor Rockville, Maryland 20850 Attention: Kathleen Sheedy, Program Manager II

OPEN SOLICITATION #1040668 Form Contract #

GRANT WRITER

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BACKGROUND/INTENT

1. Montgomery County, Maryland through the Department of Health and Human Services (DHHS) seeks professionals qualified to contribute to the development of and writing of grant proposals to federal, state, and local government agencies, foundations, and other public and private funding sources. These professionals must research, write, edit, package and produce timely, high-quality proposals and funding applications in collaboration with DHHS program staff and the DHHS Grants and Resource Acquisition Unit (GRAU) Program Manager. DHHS program staff will primarily provide program conceptualization and design of the project for which the grant funding is sought. The GRAU Program Manager will provide technical assistance and will approve the final grant proposal developed by the Contractor prior to submission. Success will rely on close communication and collaboration among the Contractor, DHHS program staff, and GRAU Program Manager.

2. DHHS intends to establish a pool of qualified grant writers with demonstrated success in obtaining grants. Contracts resulting from this solicitation will be mainly used by DHHS, however, other Montgomery County Using Departments may also use the resulting contracts to order services, however, prior to such use, the other Using Department must receive approval from the Office of Procurement and the Contractor must not perform work for DHHS or any other Using Department without first receiving a Notice tor Proceed and a Purchase Order encumbering funds for such requested work.

TERMS AND CONDITIONS

I. SCOPE OF SERVICES

A. The Contractor must write grant application sections that are assigned by the County. The Contractor must edit the final grant application sections for both substance and style and deliver the completed sections by the interim and final deadlines established by the County. All documents must be prepared in the format requested by the County and delivered to the staff member designated by the County.

B. The Contractor must research, write and edit County assigned sections of grant

proposals and grant applications in response to public and private grant opportunities in the areas of service including, but not limited to: aging, developmental and physical disabilities, behavioral health, substance abuse, public health, child welfare, social services, homelessness and special needs housing and related organizational development, information technology, performance evaluation and other management activities.

C. The Contractor must gather and assemble all information that is needed to prepare

the grant proposal assigned by the County.

OPEN SOLICITATION #1040668 FORM CONTRACT #____________

GRANT WRITER

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D. The Contractor must participate in ongoing status meetings/conference calls as

requested by County staff related to the development of the grant application. The Contractor must be available to work during evenings and weekends and attend in-person meetings if needed. The County will not pay an overtime or additional rate for evening or weekend hours worked.

E. The Contractor must complete all work in accordance with proposal development

assignments and deadlines set by the County. The Contractor must ensure that all material developed or used by the Contractor is relevant, accurate and fully responsive to the funder’s requirements. The Contractor must properly credit all sources of information and data and obtain all rights and licenses required to use such information.

F. The Contractor must actively communicate with the County’s proposal

development team members to gain additional information, clarification and answers to questions as the Contractor develops the assigned grant application. The Contractor must gather and monitor all responses from all of the County’s proposal development team members, ensuring that their feedback is incorporated in relevant section(s) of the application. The Contractor must revise draft grant proposals as necessary to ensure that the final document prepared by the Contractor accurately reflects the County’s objectives and priorities.

G. The Contractor must develop final versions of the assigned grant application

sections and edit them for both content and style.

H. The Contractor must complete all final, polished, and copy edited application sections by the deadline specified by the County’s GRAU Program Manager or the contact person ordering the work for another County Using Department, if another County Using Department elects to utilize this Contract to order work, ensuring that all copy produced by the Contractor is free of factual, style or formatting errors and is provided in the County specified electronic file format as required by the County.

I. The Contractor must complete all additions, deletions or other changes to the

application requested by GRAU Program Manager or the contact person ordering the work for another County Using Department, if another County Using Department elects to utilize this Contract to order work as the application moves through the County’s approval process and the Contractor must remain available to provide such services until the final application is submitted to the funder.

J. The Contractor may use subcontractors for some of the work described in Article I.

Scope of Services. The Contractor must be responsible for the performance and work product produced by any subcontractor performing work under the contract. The Contractor must also be responsible for compensating any subcontractors used to perform the work assigned to them.


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K. The Contractor must also perform work for any other Montgomery County Using

Departments on a needed basis at the request of the other Using Department. The Contractor must not provide services to DHHS or any other County Using Department without first receiving a Notice to Proceed and Purchase Order from the Office of Procurement.

L. The Contractor is an independent contractor and is not be entitled to any

benefits available to Montgomery County employees including, but not limited to: credit union membership; administrative leave; access to deferred compensation plans; affirmative action initiatives; personnel services; employee training; health insurance; paid time off; paid sick time; or, worker’s compensation benefits. The County will not withhold any income taxes, social security withholding, unemployment, or other taxes from the compensation payable to the Contactor and Contractor is responsible for making appropriate arrangements for payment of taxes.

M. The Contractor must not represent herself as an employee of the County in her

interaction with the public, other contractors, or County employees. In situations where the Contractor may be mistaken for a County employee, the Contractor must disclose that she is working under a County contract and that she is not a County employee. The Contractor must not set policies for the County or independently interpret County policies.

N. The Contractor is not entitled to the use of and must not use any County

vehicles.

II. MINIMUM QUALIFICATIONS

The Contractor must possess and maintain throughout the term of the Contract the following minimum qualification and comply with the following requirements listed below:

A. The Contractor must have demonstrated ability and experience to produce high quality, substantive grant applications to funders that include, but are not limited to, federal, state and local government entities, private foundations or other sources of funding.

B. The Contractor must have demonstrated ability to provide quality copy editing of

final grant applications via written (“before and after”) samples.

C. The Contractor must provide to the County a minimum of two written samples authored by the Contractor, or the grant writers that will be assigned by the Contractor to perform services under the Contract within the previous two years. Each writing sample will be considered based on the following criteria: clarity of the message, correct punctuation, spelling usage, correct grammar usage, presentation, and appropriate use of graphics.


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D. Any subcontractors providing services under the contracts resulting from Open

Solicitation #1040668, Grant Writer, must meet the same qualifications as the Contractor, and Contractor must present evidence to the County from subcontractors of such prior to performing any work.

E. The Contractor must participate in ongoing status meetings/conference calls as

requested by County staff related to the development of the grant application. The Contractor must be available to work during evenings and weekends and attend in-person meetings if needed. The County will not pay an overtime or additional rate for evening or weekend hours worked

F. The Contractor must demonstrate past success in meeting all deadlines associated

with intermediate and final delivery of the grant application.

G. The Contractor must be proficient in and have access to all office equipment and software applications in common usage, including Microsoft Office 2003 or newer

and the most recent version of Adobe Acrobat Reader to produce grant applications.

H. All applicants must accept the County’s fee structure that is detailed in Article IV

Compensation of this Contract. I. All Contractors must comply with the County’s mandatory insurance requirements

as set forth under Article VII, General Conditions and Insurance of this Contract and must provide an insurance certificate(s) evidencing the required insurance coverage.

III. QUALITY ASSURANCE

A. The Contractor must protect client confidentiality in accordance with applicable federal, state and local laws, regulations and policies, including the Health Insurance Portability and Accountability Act (HIPAA). If the Contractor’s work under this Contract affords Contractor access to Protected Health Information or other information protected by federal, state or local privacy laws, rules and regulations the Contractor must execute all applicable non-disclosure agreements and other documents, including the County’s Business Associate Agreement, as may be applicable to the nature and type of information provided to the Contractor.

B. The Contractor must perform in accordance with the standards set forth in the Scope of Services of this Contract. Contractor’s substantial non-compliance or substantial non-satisfactory performance, as determined in the sole discretion of the County, may lead to a work improvement plan or early termination of the Contract.


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VI. COMPENSATION

A. The County will compensate the Contractor for services rendered at a pre-determined rate listed at http://www.montgomerycountymd.gov/HHS-program/coo/contractmgmt/cmtcursolicits.html. This rate is inclusive of all overhead and administrative costs such as telephone, office supplies, computer usage, travel, etc.

B. This rate applies to all services provided to the County by the Contractor in the

course of providing the Grant Writing Services described in this Contract. The County may at its option and as fiscal appropriation allows, adjust the rates for the contracts resulting from this Solicitation at the beginning of the County’s Fiscal Year (. July 1). The Contractor is responsible for checking the website listed above at the beginning of each fiscal year (beginning July 1st) to obtain a copy of the County’s current approved rates. Adjustment of the rate for this Solicitation will be accomplished without having to reissue the Open Solicitation. The County’s Fiscal Year runs from July 1st through June 30th.

If an adjusted rate is allowed by the County, then this adjusted rate will only apply to those actual hours worked after the adjusted rate became effective and cannot be applied to actual hours worked before adjusted rate became effective.

C. No services will be performed or compensated under this Contract prior to the

execution of a County Purchase Order and Notice(s) to Proceed and the Contractor’s receipt of said County Purchase Order containing a maximum compensation amount.

D. Compensation must not exceed funds appropriated by the County and encumbered

into the County Purchase Order issued to the Contractor.

E. No minimum number of work hours is guaranteed to any Contractor under this Contract.

V. INVOICES

The Contractor must submit an invoice and supporting documentation for services performed upon completion of the assigned grant application in a format approved by the County. The invoice should include a time sheet showing services performed, specifying the client and project, project hours’ break-down, and work order history. Upon receipt, acceptance and approval of the Contractor’s invoice, the County will make payment, net 30 days, at the rates set forth in Article IV., Compensation, above for services that were satisfactorily performed and accepted by the County. Invoices must be sent to the Program Monitor designated by the County.




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VI. TERM

This Contract shall become effective upon signature by the County’s Director, Office of Procurement, and shall be for a two-year term. Before the Contract term ends, the Director may, (but is not required to) renew this Contract for an additional term, if the Director determines that renewal is in the best interest of the County. The Contractor’s satisfactory performance does not guarantee renewal of this Contract. The Director may exercise this option to renew two (2) times for two (2) years each.

VII. GENERAL CONDITIONS AND INSURANCE

The General Conditions of Contract Between Contractor and County ("General Conditions") are incorporated by reference and made part of this Contract as Attachment A.

The insurance requirements set forth in Provision 21 of the General Conditions have been waived by the County’s Division of Risk Management.

VIII. PRIORITY OF DOCUMENTS

The following documents are incorporated by reference and made a part of this Contract

and are listed in the following order of precedence to be applied in the event of a conflict in their term:

1. This Contract Document; 2. The General Conditions of Contract Between County and Contractor

(Attachment A); 3. Vendor Application Form (Attachment B); 4. Minority Business Program and Offeror’s Representation (Attachment C); 5. Minority, Female Disabled Person Subcontractor Performance Plan

(Attachment D); and 6. Wage Requirements Certification (Attachment E);


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Signature Page – Open Solicitation #

This Contract, which incorporates by reference: the Notice to Vendors, the Instructions to Vendors, , the completed Vendor Application Form, and the Pre-Approved Form Contract with attached General Conditions of Contract Between County and Contractor, Attachment A and Attachments B, C, D, and E copies of which have been provided to the Contractor, is entered into this _______________ day of ____________________, by and between (the “Contractor”) and Montgomery County, Maryland (the “County”). This Contract will become effective on the date of signature by the Director, Office of Procurement. This Contract and any renewals or extensions of this Contract are subject to the appropriation of funds. SIGNATURE PAGE Part A: Contractor's Offer to Provide Services: Part B: County Acceptance: (Prospective Contractor Must Complete) Contracting Corporation, Partnership, Limited MONTGOMERY COUNTY, MARYLAND Liability Company OR Proprietorship Agency Name Cherri Branson, Director Office of Procurement Signature* Typed Date Title Date RECOMMENDATION

Uma S. Ahluwalia, Director

Department of Health and Human Services Date This form has been approved as to form and legality by the Office of the County Attorney. * Must be signed by corporate officer or person legally authorized to bind organization to a contract.

PMMD-45. REVISED 06/02/2015 Page 1 of 7

GENERAL CONDITIONS OF CONTRACT BETWEEN COUNTY & CONTRACTOR 1. ACCOUNTING SYSTEM AND AUDIT, ACCURATE INFORMATION The contractor certifies that all information the contractor has provided or will provide to the County is true and correct and can be relied upon by the County in awarding, modifying, making payments, or taking any other action with respect to this contract including resolving claims and disputes. Any false or misleading information is a ground for the County to terminate this contract for cause and to pursue any other appropriate remedy. The contractor certifies that the contractor's accounting system conforms with generally accepted accounting principles, is sufficient to comply with the contract's budgetary and financial obligations, and is sufficient to produce reliable financial information. The County may examine the contractor's and any first-tier subcontractor's records to determine and verify compliance with the contract and to resolve or decide any claim or dispute arising under this contract. The contractor and any first-tier subcontractor must grant the County access to these records at all reasonable times during the contract term and for 3 years after final payment. If the contract is supported to any extent with federal or state funds, the appropriate federal or state authorities may also examine these records. The contractor must include the preceding language of this paragraph in all first-tier subcontracts. 2. AMERICANS WITH DISABILITIES ACT The contractor agrees to comply with the nondiscrimination requirements of Titles II and III, and other provisions, of the Americans with Disabilities Act of 1990, Pub. Law 101-336, and ADA Amendments Act of 2008, Pub. Law 110-325, as amended, currently found at 42 U.S.C., § 12101, et seq., and 47 U.S.C., ch. 5. 3. APPLICABLE LAWS This contract must be construed in accordance with the laws and regulations of Maryland and Montgomery County. The Montgomery County Procurement Regulations are incorporated by reference into, and made a part of, this contract. In the case of any inconsistency between this contract and the Procurement Regulations, the Procurement Regulations govern. The contractor must, without additional cost to the County, pay any necessary fees and charges, obtain any necessary licenses and permits, and comply with applicable federal, state and local laws, codes and regulations. For purposes of litigation involving this contract, except for contract Disputes discussed in paragraph 8 below, exclusive venue and jurisdiction must be in the Circuit Court for Montgomery County, Maryland or in the District Court of Maryland for Montgomery County. The prevailing wage law (County Code §11B-33C) applies to construction contracts. Specifically, under County law, a County financed construction contract is subject to the Montgomery County Code regarding compliance with the prevailing wage paid to construction workers, as established for the County by the Maryland State Commissioner of Labor and Industry. Additional information regarding the County’s prevailing wage requirements is contained within this solicitation/contract (see the provision entitled “Prevailing Wage Requirements for Construction Contract Addendum to the General Conditions of Contract between County and Contractor”). Furthermore, certain non-profit and governmental entities may purchase supplies and services, similar in scope of work and compensation amounts provided for in a County contract, using their own contract and procurement laws and regulations, pursuant to the Md. State Finance and Procurement Article, Section 13-101, et. seq. Contractor and all of its subcontractors must comply with the provisions of County Code §11B-35A and must not retaliate against a covered employee who discloses an illegal or improper action described in §11B-35A. Furthermore, an aggrieved covered employee under §11B-35A is a third-party beneficiary under this Contract, who may by civil action recover compensatory damages including interest and reasonable attorney’s fees, against the contractor or one of its subcontractors for retaliation in violation of that Section. Contractor and all of its subcontractors must provide the same benefits to an employee with a domestic partner as provided to an employee with a spouse, in accordance with County Code §11B-33D. An aggrieved employee, is a third-party beneficiary who may, by civil action, recover the cash equivalent of any benefit denied in violation of §11B-33D or other compensable damages. The contractor agrees to comply with the requirements of the Displaced Service Workers Protection Act, which appears in County Code, Chapter 27, Human Rights and Civil Liberties, Article X, Displaced Service Workers Protection Act,§§ 27-64 through 27-66. 4. ASSIGNMENTS AND SUBCONTRACTS The contractor must not assign or transfer this contract, any interest herein or any claim hereunder, except as expressly authorized in writing by the Director, Office of Procurement. Unless performance is separately and expressly waived in writing by the Director, Office of Procurement, an assignment does not release the contractor from responsibility for performance of this contract. Unless otherwise provided in the contract, the contractor may not contract with any other party for furnishing any of the materials or services herein contracted for without the written approval of the Director, Office of Procurement. Any subcontract for any work hereunder must comport with the terms of this Contract and County law, and must include any other terms and conditions that the County deems necessary to protect its interests. 5. CHANGES The Director, Office of Procurement, may unilaterally change the work, materials and services to be performed. The change must be in writing and within the general scope of the contract. The contract will be modified to reflect any time or money adjustment the contractor is entitled to receive. Contractor must bring to the Contract Administrator, in writing, any claim about an adjustment in time or money resulting from a change, within 30 days from the date the Director, Office of Procurement, issued the change in work, or the claim is waived. Any failure to agree upon a time or money adjustment must be resolved under the "Disputes" clause of this contract. The contractor must proceed with the prosecution of the work as changed, even if there is an unresolved claim. No charge for any extra work, time or material will be allowed, except as provided in this section. 6. CONTRACT ADMINISTRATION

A. The contract administrator, subject to paragraph B below, is the Department representative designated by the Director, Office of Procurement, in writing and is authorized to:

(1) serve as liaison between the County and the contractor; (2) give direction to the contractor to ensure satisfactory and complete performance; (3) monitor and inspect the contractor's performance to ensure acceptable timeliness and quality;

(4) serve as records custodian for this contract, including wage and prevailing wage requirements; (5) accept or reject the contractor's performance; (6) furnish timely written notice of the contractor's performance failures to the Director, Office of Procurement, and to the County Attorney, as appropriate; (7) prepare required reports; (8) approve or reject invoices for payment; (9) recommend contract modifications or terminations to the Director, Office of Procurement; (10) issue notices to proceed; and (11) monitor and verify compliance with any MFD Performance Plan.


B. The contract administrator is NOT authorized to make determinations (as opposed to recommendations) that alter, modify, terminate or cancel the contract, interpret ambiguities in contract language, or waive the County's contractual rights.

7. COST & PRICING DATA Chapter 11B of the County Code and the Montgomery County Procurement Regulations require that cost & pricing data be obtained from proposed awardees/contractors in certain situations. The contractor guarantees that any cost & pricing data provided to the County will be accurate and complete. The contractor grants the Director, Office of Procurement, access to all books, records, documents, and other supporting data in order to permit adequate evaluation of the contractor's proposed price(s). The contractor also agrees that the price to the County, including profit or fee, may, at the option of the County, be reduced to the extent that the price was based on inaccurate, incomplete, or noncurrent data supplied by the contractor. 8. DISPUTES Any dispute arising under this contract that is not disposed of by agreement must be decided under the Montgomery County Code and the Montgomery County Procurement Regulations. Pending final resolution of a dispute, the Contractor must proceed diligently with contract performance. Subject to subsequent revocation or alteration by the Director, Office of Procurement, the head of the County department, office or agency ("Department Head") of the contract administrator is the designee of the Director, Office of Procurement, for the purpose of dispute resolution. The Department Head, or his/her designee, must forward to the Director, Office of Procurement, a copy of any written resolution of a dispute. The Department Head may delegate this responsibility to another person (other than the contract administrator). A contractor must notify the contract administrator of a claim in writing, and must attempt to resolve a claim with the contract administrator prior to filing a dispute with the Director, Office of Procurement or designee. The contractor waives any dispute or claim not made in writing and received by the Director, Office of Procurement, within 30 days of the event giving rise to the dispute or claim, whether or not the contract administrator has responded to a written notice of claim or resolved the claim. The Director, Office of Procurement, must dismiss a dispute that is not timely filed. A dispute must be in writing, for specific relief, and any requested relief must be fully supported by affidavit of all relevant calculations, including cost and pricing information, records, and other information. At the County's option, the contractor agrees to be made a party to any related dispute involving another contractor. 9. DOCUMENTS, MATERIALS AND DATA All documents materials or data developed as a result of this contract are the County's property. The County has the right to use and reproduce any documents, materials, and data, including confidential information, used in the performance of, or developed as a result of, this contract. The County may use this information for its own purposes, including reporting to state and federal agencies. The contractor warrants that it has title to or right of use of all documents, materials or data used or developed in connection with this contract. The contractor must keep confidential all documents, materials, and data prepared or developed by the contractor or supplied by the County. 10. DURATION OF OBLIGATION The contractor agrees that all of contractor's obligations and warranties, including all requirements imposed by the Minority Owned Business Addendum to these General Conditions, if any, which directly or indirectly are intended by their nature or by implication to survive contractor performance, do survive the completion of performance, termination for default, termination for convenience, or termination by mutual consent of the contract. 11. ENTIRE AGREEMENT There are no promises, terms, conditions, or obligations other than those contained in this contract. This contract supersedes all communications, representations, or agreements, either verbal or written, between the parties hereto, with the exception of express warranties given to induce the County to enter into the contract. 12. ETHICS REQUIREMENTS/POLITICAL CONTRIBUTIONS The contractor must comply with the ethics provisions contained in Chapters 11B and 19A, Montgomery County Code, which include the following: (a) a prohibition against making or offering to make certain gifts. Section 11B-51(a). (b) a prohibition against kickbacks. Section 11B-51(b). (c) a prohibition against a person engaged in a procurement from employing or offering to employ a public employee. Section 11B-52 (a). (d) a prohibition against a contractor that is providing a recommendation to the County from assisting another party or seeking to obtain an economic benefit

beyond payment under the contract. Section 11B-52 (b). (e) a restriction on the use of confidential information obtained in performing a contract. Section 11B-52 (c). (f) a prohibition against contingent fees. Section 11B-53. Furthermore, the contractor specifically agrees to comply with Sections 11B-51, 11B-52, 11B-53, 19A-12, and/or 19A-13 of the Montgomery County Code. In addition, the contractor must comply with the political contribution reporting requirements currently codified under the Election Law at Md. Code Ann., Title 14. 13. GUARANTEE A. Contractor guarantees for one year from acceptance, or for a longer period that is otherwise expressly stated in the County’s written solicitation, all goods,

services, and construction offered, including those used in the course of providing the goods, services, and/or construction. This includes a guarantee that all products offered (or used in the installation of those products) carry a guarantee against any and all defects for a minimum period of one year from acceptance, or for a longer period stated in the County’s written solicitation. The contractor must correct any and all defects in material and/or workmanship that may appear during the guarantee period, or any defects that occur within one (1) year of acceptance even if discovered more than one (1) year after acceptance, by repairing, (or replacing with new items or new materials, if necessary) any such defect at no cost to the County and to the County’s satisfaction.

B. Should a manufacturer's or service provider’s warranty or guarantee exceed the requirements stated above, that guarantee or warranty will be the primary one

used in the case of defect. Copies of manufacturer's or service provider’s warranties must be provided upon request. C. All warranties and guarantees must be in effect from the date of acceptance by the County of the goods, services, or construction. D. The contractor guarantees that all work shall be accomplished in a workmanlike manner, and the contractor must observe and comply with all Federal, State,

County and local laws, ordinances and regulations in providing the goods, and performing the services or construction. E. Goods and materials provided under this contract must be of first quality, latest model and of current manufacture, and must not be of such age or so

deteriorated as to impair their usefulness or safety. Items that are used, rebuilt, or demonstrator models are unacceptable, unless specifically requested by the County in the Specifications.


14. HAZARDOUS AND TOXIC SUBSTANCES Manufacturers and distributors are required by federal "Hazard Communication” provisions (29 CFR 1910.1200), and the Maryland "Access to Information About Hazardous and Toxic Substances" Law, to label each hazardous material or chemical container, and to provide Material Safety Data Sheets to the purchaser. The contractor must comply with these laws and must provide the County with copies of all relevant documents, including Material Safety Data Sheets, prior to performance of work or contemporaneous with delivery of goods. 15. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMPLIANCE In addition to the provisions stated above in Section 3. “Applicable Laws,” contractor must comply with all requirements in the federal Health Insurance Portability and Accountability Act (HIPAA), to the extent that HIPAA is applicable to this contract. Furthermore, contractor must enter into the County’s standard Business Associate Agreement or Qualified Service Organization Agreement when contractor or the County, as part of this contract, may use or disclose to one another, to the individual whose health information is at issue, or to a third-party, any protected health information that is obtained from, provided to, made available to, or created by, or for, the contractor or the County. 16. IMMIGRATION REFORM AND CONTROL ACT The contractor warrants that both the contractor and its subcontractors do not, and shall not, hire, recruit or refer for a fee, for employment under this contract or any subcontract, an alien while knowing the alien is an unauthorized alien, or any individual without complying with the requirements of the federal Immigration and Nationality laws, including any verification and record keeping requirements. The contractor further assures the County that, in accordance with those laws, it does not, and will not, discriminate against an individual with respect to hiring, recruitment, or referral for a fee, of an individual for employment or the discharge of an individual from employment, because of the individual's national origin or, in the case of a citizen or prospective citizen, because of the individual's citizenship status. 17. INCONSISTENT PROVISIONS Notwithstanding any provisions to the contrary in any contract terms or conditions supplied by the contractor, this General Conditions of Contract document supersedes the contractor's terms and conditions, in the event of any inconsistency. 18. INDEMNIFICATION The contractor is responsible for any loss, personal injury, death and any other damage (including incidental and consequential) that may be done or suffered by reason of the contractor's negligence or failure to perform any contractual obligations. The contractor must indemnify and save the County harmless from any loss, cost, damage and other expenses, including attorney's fees and litigation expenses, suffered or incurred due to the contractor's negligence or failure to perform any of its contractual obligations. If requested by the County, the contractor must defend the County in any action or suit brought against the County arising out of the contractor's negligence, errors, acts or omissions under this contract. The negligence of any agent, subcontractor or employee of the contractor is deemed to be the negligence of the contractor. For the purposes of this paragraph, County includes its boards, agencies, agents, officials and employees. 19. INDEPENDENT CONTRACTOR The contractor is an independent contractor. The contractor and the contractor's employees or agents are not agents of the County. 20. INSPECTIONS The County has the right to monitor, inspect and evaluate or test all supplies, goods, services, or construction called for by the contract at all reasonable places (including the contractor's place of business) and times (including the period of preparation or manufacture). 21. INSURANCE Prior to contract execution by the County, the proposed awardee/contractor must obtain at its own cost and expense the insurance specified in the applicable table (See Tables A and B) or attachment to these General Conditions, with one or more insurance company(s) licensed or qualified to do business in the State of Maryland and acceptable to the County’s Division of Risk Management. Contractor must keep this insurance in full force and effect during the term of this contract, including all extensions. Unless expressly provided otherwise, Table A is applicable to this contract. The insurance must be evidenced by one or more Certificate(s) of Insurance and, if requested by the County, the proposed awardee/contractor must provide a copy of any and all insurance policies to the County. At a minimum, the proposed awardee/contractor must submit to the Director, Office of Procurement, one or more Certificate(s) of Insurance prior to award of this contract, and prior to any contract modification extending the term of the contract, as evidence of compliance with this provision. The contractor’s insurance must be primary. Montgomery County, MD, including its officials, employees, agents, boards, and agencies, must be named as an additional insured on all liability policies. Thirty days written notice to the County of cancellation or material change in any of the policies is required, unless a longer period is required by applicable law. In no event may the insurance coverage be less than that shown on the applicable table, attachment, or contract provision for required insurance. The Director, Office of Procurement, may waive the requirements of this section, in whole or in part.


TABLE A. - INSURANCE REQUIREMENTS (See Paragraph #21 Under the General Conditions of Contract

Between County and Contractor)

CONTRACT DOLLAR VALUES (IN $1,000’s)

Up to 50 Up to 100 Up to 1,000 Over 1,000 Workers Compensation (for contractors with employees) Bodily Injury by

Accident (each) 100 100 100 See Disease (policy limits) 500 500 500 Attachment Disease (each employee) 100 100 100

Commercial General Liability 300 500 1,000 See minimum combined single limit Attachment for bodily injury and property damage per occurrence, including contractual liability, premises and operations, and independent contractors

Minimum Automobile Liability (including owned, hired and non- owned automobiles) Bodily Injury each person 100 250 500 See each occurrence 300 500 1,000 Attachment Property Damage each occurrence 300 300 300

Professional Liability* 250 500 1,000 See for errors, omissions Attachment and negligent acts, per claim and aggregate, with one year discovery period and maximum deductible of $25,000

Certificate Holder Montgomery County Maryland (Contract #) Office of Procurement Rockville Center 255 Rockville Pike, Suite 180 Rockville, Maryland 20850-4166

*Professional services contracts only

(Remainder of Page Intentionally Left Blank)


TABLE B. - INSURANCE REQUIREMENTS (See Paragraph #21 Under the General Conditions of Contract

Between County and Contractor) Over Up to 50 Up to 100 Up to 1,000 1,000 Commercial General 300 500 1,000 See Liability minimum Attachment combined single limit for bodily injury and property damage per occurrence, including contractual liability, premises and operations, independent contractors, and product liability Certificate Holder Montgomery County Maryland (Contract #) Office of Procurement Rockville Center 255 Rockville Pike, Suite 180 Rockville, Maryland 20850-4166

(Remainder of Page Intentionally Left Blank)


22. INTELLECTUAL PROPERTY APPROVAL AND INDEMNIFICATION - INFRINGEMENT If contractor will be preparing, displaying, publicly performing, reproducing, or otherwise using, in any manner or form, any information, document, or material that is subject to a copyright, trademark, patent, or other property or privacy right, then contractor must: obtain all necessary licenses, authorizations, and approvals related to its use; include the County in any approval, authorization, or license related to its use; and indemnify and hold harmless the County related to contractor’s alleged infringing or otherwise improper or unauthorized use. Accordingly, the contractor must protect, indemnify, and hold harmless the County from and against all liabilities, actions, damages, claims, demands, judgments, losses, costs, expenses, suits, or actions, and attorneys’ fees and the costs of the defense of the County, in any suit, including appeals, based upon or arising out of any allegation of infringement, violation, unauthorized use, or conversion of any patent, copyright, trademark or trade name, license, proprietary right, or other related property or privacy interest in connection with, or as a result of, this contract or the performance by the contractor of any of its activities or obligations under this contract. 23. NON-CONVICTION OF BRIBERY The contractor hereby declares and affirms that, to its best knowledge, none of its officers, directors, or partners or employees directly involved in obtaining contracts has been convicted of bribery, attempted bribery, or conspiracy to bribe under any federal, state, or local law. 24. NON-DISCRIMINATION IN EMPLOYMENT The contractor agrees to comply with the non-discrimination in employment policies and/ or provisions prohibiting unlawful employment practices in County contracts as required by Section 11B-33 and Section 27-19 of the Montgomery County Code, as well as all other applicable state and federal laws and regulations regarding employment discrimination. The contractor assures the County that, in accordance with applicable law, it does not, and agrees that it will not, discriminate in any manner on the basis of race, color, religious creed, ancestry, national origin, age, sex, marital status, disability, or sexual orientation. The contractor must bind its subcontractors to the provisions of this section. 25. PAYMENTS No payment by the County may be made, or is due, under this contract, unless funds for the payment have been appropriated and encumbered by the County. Under no circumstances will the County pay the contractor for legal fees. The contractor must not proceed to perform any work (provide goods, services, or construction) prior to receiving written confirmation that the County has appropriated and encumbered funds for that work. If the contractor fails to obtain this verification from the Office of Procurement prior to performing work, the County has no obligation to pay the contractor for the work. If this contract provides for an additional contract term for contractor performance beyond its initial term, continuation of contractor’s performance under this contract beyond the initial term is contingent upon, and subject to, the appropriation of funds and encumbrance of those appropriated funds for payments under this contract. If funds are not appropriated and encumbered to support continued contractor performance in a subsequent fiscal period, contractor’s performance must end without further notice from, or cost to, the County. The contractor acknowledges that the County Executive has no obligation to recommend, and the County Council has no obligation to appropriate, funds for this contract in subsequent fiscal years. Furthermore, the County has no obligation to encumber funds to this contract in subsequent fiscal years, even if appropriated funds may be available. Accordingly, for each subsequent contract term, the contractor must not undertake any performance under this contract until the contractor receives a purchase order or contract amendment from the County that authorizes the contractor to perform work for the next contract term. The County is expressly permitted to pay the vendor for any or all goods, services, or construction under the contract through either a procurement card (“p-card”) or a Single Use Account(“SUA”) method of payment, if the contractor accepts the noted payment method from any other person. In that event, the County reserves the right to pay any or all amounts due under the contract by using either a p-card (except when a purchase order is required) or a SUA method of payment, and the contractor must accept the County’s p-card or a SUA method of payment, as applicable. Under this paragraph, contractor is prohibited from charging or requiring the County to pay any fee, charge, price, or other obligation for any reason related to or associated with the County’s use of either a p-card or a SUA method of payment. 26. PERSONAL PROPERTY All furniture, office equipment, equipment, vehicles, and other similar types of personal property specified in the contract, and purchased with funds provided under the contract, become the property of the County upon the end of the contract term, or upon termination or expiration of this contract, unless expressly stated otherwise. 27. PROTECTION OF PERSONAL INFORMATION BY GOVERNMENT AGENCIES In any contract under which Contractor is to perform services and the County may disclose to Contractor personal information about an individual, as defined by State law, Contractor must implement and maintain reasonable security procedures and practices that: (a) are appropriate to the nature of the personal information disclosed to the Contractor; and (b) are reasonably designed to help protect the personal information from unauthorized access, use, modification, disclosure, or destruction. Contractor’s requirement to implement and maintain reasonable security practices and procedures must include requiring any third-party to whom it discloses personal information that was originally disclosed to Contractor by the County to also implement and maintain reasonable security practices and procedures related to protecting the personal information. Contractor must notify the County of a breach of the security of a system if the unauthorized acquisition of an individual’s personal information has occurred or is reasonably likely to occur, and also must share with the County all information related to the breach. Contractor must provide the above notification to the County as soon as reasonably practicable after Contractor discovers or is notified of the breach of the security of a system. Md. Code Ann., State Gov’t. § 10-1301 through 10-1308 (2013). 28. TERMINATION FOR DEFAULT The Director, Office of Procurement, may terminate the contract in whole or in part, and from time to time, whenever the Director, Office of Procurement, determines that the contractor is: (a) defaulting in performance or is not complying with any provision of this contract; (b) failing to make satisfactory progress in the prosecution of the contract; or (c) endangering the performance of this contract. The Director, Office of Procurement, will provide the contractor with a written notice to cure the default. The termination for default is effective on the date specified in the County’s written notice. However, if the County determines that default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the County may terminate the contract immediately upon issuing oral or written notice to the contractor without any prior notice or opportunity to cure. In addition to any other remedies provided by law or the contract, the contractor must compensate the County for additional costs that foreseeably would be incurred by the County, whether the costs are actually incurred or not, to obtain substitute performance. A termination for default is a termination for convenience if the termination for default is later found to be without justification.


29. TERMINATION FOR CONVENIENCE This contract may be terminated by the County, in whole or in part, upon written notice to the contractor, when the County determines this to be in its best interest. The termination for convenience is effective on the date specified in the County’s written notice. Termination for convenience may entitle the contractor to payment for reasonable costs allocable to the contract for work or costs incurred by the contractor up to the date of termination. The contractor must not be paid compensation as a result of a termination for convenience that exceeds the amount encumbered to pay for work to be performed under the contract. 30. TIME Time is of the essence. 31. WORK UNDER THE CONTRACT Contractor must not commence work under this contract until all conditions for commencement are met, including execution of the contract by both parties, compliance with insurance requirements, encumbrance of funds, and issuance of any required notice to proceed. 32. WORKPLACE SAFETY The contractor must ensure adequate health and safety training and/or certification, and must comply with applicable federal, state and local Occupational Safety and Health laws and regulations. THIS FORM MUST NOT BE MODIFIED WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF THE COUNTY ATTORNEY.

ATTACHMENT B - APPLICATION FORM

Please review and complete the following information for the above-referenced service(s). Please review and complete the following information. By signing this form you are signifying that you have received a copy of this Open Solicitation and understand the requirements of this Open Solicitation. ________________________________________________________________________ Name of Firm or Individual ________________________________________________________________________ Contact Name/Authorized Signature ________________________________________________________________________ Address ________________________________________________________________________ City, State, Zip Code ____________________________ ______________________________ Phone Number Fax Number ____________________________ Tax Identification Number (TIN)* Email Address *Note: If Applicant does not have a TIN, the County will request the Applicant’s Social Security Number at the time of Contract award in order to make payments for services rendered by the Applicant in accordance with the resulting Contract. Profit or Non-Profit (please check one) Profit Non-Profit [Indicate type of non-profit corporation, i.e., 503c(3)]

CONTRACT ACTION RESOURCE APPLICATION

Dear [Contractor] This letter serves as an agreement that you will provide professional services to the Montgomery County Department of Health and Human Services (DHHS) for [overall project description] Under this agreement, you will: 1. [list duties] 2. [list duties] 3. [list duties] 4. [list duties] 5. [list duties] 6. [list duties] This agreement will take effect [date] and will not continue beyond [date]. The Department will reimburse you at a rate of $ XX per hour not to exceed a total of $XX upon approved completion of your work responsibilities. Consultant agrees not to disclose, directly or indirectly to anyone, or to use or let others use, for any purpose whatsoever, any proprietary information, of any type, whether or not designated confidential or proprietary, acquired in the course of performing under this Agreement. Please submit your invoice for services performed upon completion of the grant application to [payment official, address]. The invoice should include a time sheet showing services performed, specifying client and project, project hour’s break-down, and work order history.

Sincerely,

[Signing official] I am in agreement with the terms listed above. ___________________________________ __________________ Contractor Date

PMMD-90 03/15

MINORITY BUSINESS PROGRAM & OFFEROR’S REPRESENTATION It is the policy of the County to recruit actively, minority-owned businesses to provide goods and services to perform governmental functions pursuant to Section 11B-57 of the County Code. Minority-owned businesses are described in County law as Minority/Female/Disabled Person owned businesses (MFD). MFD businesses include certain non-profit entities organized to promote the interests of persons with a disability demonstrating (on a contract by contract basis) that at least 51% of the persons used by the non-profit entity to perform the services or manufacture the goods contracted for by the County, are persons with a disability. MFD firms also include those firms that are 51% owned, controlled and managed by one or more members of a socially or economically disadvantaged minority group, which include African Americans who are not of Hispanic origin, Hispanic Americans, Native Americans, Asian Americans, Women and Mentally or Physically Disabled Persons. Section 7 - “Minority Contracting”, Montgomery County Procurement Regulations specifies the procedure to be followed and will govern the evaluation of offers received pursuant to this solicitation. A copy of Section 7 of the Procurement Regulations is available upon request. Prior to awarding contracts with a value of $50,000 or more, a prospective Contractor (who is not a certified MFD firm) must demonstrate that a minimum percentage of the overall contract value as set by the County, will be subcontracted to certified MFD businesses. A decision as to whether the prospective Contractor has demonstrated a good faith effort to meet this subcontracting requirement will be made by the Director, Office of Procurement, or his/her designee, who may waive this requirement. A sample of the MFD Report of payment Received is attached. This form is mailed to the MFD Subcontractor to complete for documentation of payment by the Prime Contractor. It is not to be completed by the Prime Contractor nor submitted with the MFD Subcontractor Performance Plan. The Director, Office of Procurement, or his /her designee determines whether a waiver of MFD subcontracting would be appropriate, under Section 7.3.3.5 of the Procurement Regulations. For further information regarding the MFD Business Program, please contact the MFD Program, Office of Business Relations and Compliance at (240) 777-9912. Offerors are encouraged (but not required) to complete the following: I hereby represent that this is a Minority Business firm as indicated below (CIRCLE ONE):

AFRICAN AMERICAN ASIAN AMERICAN DISABLED PERSON

FEMALE HISPANIC AMERICAN NATIVE AMERICAN

Attach one of the following certification documents from: Maryland Department of Transportation (MDOT); Virginia Small, Women & Minority-Owned Business: Federal SBA 8(a); MD/DC Minority Supplier Development Council, Women’s Business Enterprise National Council; or City of Baltimore.

PMMD-91 Rev. 09/15

Minority-Owned Business Addendum to General Conditions of Contract Between County and Contractor A. This contract is subject to the Montgomery County Code and the Montgomery County Procurement Regulations regarding participation in the Minority-Female-Disabled Person (MFD) procurement program. B. Contractor must subcontract a percentage goals listed below of the total dollar value of the contract, including all modifications and renewals, to certified minority owned businesses. The MFD subcontracting goal may be waived under appropriate circumstances by submission of a letter to the Minority Business Program Manager. The letter must explain why a waiver is appropriate. The Director of the Office of Procurement or designee may waive, in whole or in part, the MFD subcontracting goal if the Director determines that a waiver is appropriate under Section 7.3.3.5 of the Montgomery County Procurement Regulations. In determining if a waiver should be granted, the Director may require the Contractor to submit additional information; the Director may require the Contractor to submit some or all of this information on forms approved by the Director. For Goals by each purchasing category, please refer to www.montgomerycountymd.gov/mfd C. The attached MFD Subcontractor Performance Plan, which must be approved by the Director, is an integral part of the contract between County and Contractor. In a multi-term contract, Contractor must submit a MFD Subcontract Performance Plan to be in effect for the life of the contract, including any renewal or modification. D. Contractor must include in each subcontract with a minority owned business a provision that requires the use of binding arbitration with a neutral arbitrator to resolve disputes between the Contractor and the minority owned business subcontractor. This arbitration provision must describe how the cost of dispute resolution will be apportioned; the apportionment must not, in the judgment of the Director, attempt to penalize a minority owned business subcontractor for filing an arbitration claim. E. County approval of the MFD Subcontractor Performance Plan does not create a contractual relationship between the County and the minority owned business subcontractor. F. Contractor must notify and obtain prior written approval from the Director regarding any change in the MFD Subcontractor Performance Plan. G. Before receiving final payment under this contract, Contractor must submit documentation showing compliance with the MFD Subcontracting Performance Plan. Documentation may include, at the direction of the Director, invoices, copies of subcontracts with minority owned businesses, cancelled checks, affidavits executed by minority owned business subcontractors, waivers, and arbitration decisions. The Director may require Contractor to submit periodic reports on a form approved by the Director. The Director may conduct an on-site inspection for the purpose of determining compliance with the MFD Subcontractor Performance Plan. If this is a multi-term contract, final payment means the final payment due for performance rendered for each term of the contract. If the Contractor fails to submit documentation demonstrating compliance with the MFD Subcontractor Performance Plan, to the satisfaction of the Director, after considering relevant waivers and arbitration decisions, the Contractor is in breach of this contract. In the event of a breach of contract under this addendum, the Contractor must pay to the County liquidated damages equal to the difference between all amounts the Contractor has agreed under its Plan to pay minority owned business subcontractors and all amounts actually paid minority owned business subcontractors with appropriate credit given for any relevant waiver or arbitration decision. Contractor and County acknowledge that damages which would result to the County as a result of a breach under this addendum are difficult to ascertain, and that the liquidated damages provided for in this addendum are fair and reasonable in estimating the damage to the County of a breach of this addendum by Contractor. In addition, the County may terminate the contract. As the result of a breach under this addendum, The Director of the Office of Procurement must find the Contractor non-responsible for purposes of future procurement with the County for the ensuing three years.

PMMD-65 Rev. 06/15

MONTGOMERY COUNTY, MARYLAND MINORITY, FEMALE, DISABLED PERSON SUBCONTRACTOR

PERFORMANCE PLAN

Contractor’s Name:

Address:

City: State: Zip:

Phone Number: Fax Number: Email:

CONTRACT NUMBER/PROJECT DESCRIPTION: A. Individual assigned by Contractor to ensure Contractor's compliance with MFD Subcontractor Performance Plan:

Name:

Title:

Address:

City:

State: Zip:

Phone Number: Fax Number: Email: B. This Plan covers the life of the contract from contract execution through the final contract expiration date. C. The percentage of total contract dollars, including modifications and renewals, to be paid to all certified minority owned

business subcontractors, is ________% of the total dollars awarded to Contractor. D. Each of the following certified minority owned businesses will be paid the percentage of total contract dollars indicated

below as a subcontractor under the contract. I hereby certify that the business(s) listed below are certified by one of the following: Maryland Department of Transportation (MDOT); Virginia Small, Woman and Minority Owned Business (SWAM); Federal SBA (8A); MD/DC Minority Supplier Development Council (MSDC); Women’s Business Enterprise National Council (WBENC); or City of Baltimore. A Certification Letter must be attached. For assistance, call 240-777-9912.

1. Certified by:

Subcontractor Name:

Title:

Address:

City: State: Zip:


CONTACT PERSON: Circle MFD Type:

AFRICAN AMERICAN ASIAN AMERICAN DISABLED PERSON FEMALE HISPANIC AMERICAN NATIVE AMERICAN

The percentage of total contract dollars to be paid to this subcontractor : This subcontractor will provide the following goods and/or services:

PMMD-65 Rev. 06/15

2. Certified by:

Subcontractor Name: Title:

Address:

City:

State: Zip: Phone Number:

Fax Number: Email:

CONTACT PERSON:

Circle MFD Type: AFRICAN AMERICAN ASIAN AMERICAN DISABLED PERSON FEMALE HISPANIC AMERICAN NATIVE AMERICAN

The percentage of total contract dollars to be paid to this subcontractor: This subcontractor will provide the following goods and/or services:

3. Certified by:

Subcontractor Name:

Title:

Address:

City: State: Zip:


CONTACT PERSON:

Circle MFD Type: AFRICAN AMERICAN ASIAN AMERICAN DISABLED PERSON FEMALE HISPANIC AMERICAN NATIVE AMERICAN


4. Certified By:

Subcontractor Name:

Title:

Address:

City: State: Zip:


CONTACT PERSON:

Circle MFD Type:

PMMD-65 Rev. 06/15

AFRICAN AMERICAN ASIAN AMERICAN DISABLED PERSON FEMALE HISPANIC AMERICAN NATIVE AMERICAN


E. The following language will be inserted in each subcontract with a certified minority owned business listed in D above,

regarding the use of binding arbitration with a neutral arbitrator to resolve disputes with the minority owned business subcontractor; the language must describe how the costs of dispute resolution will be apportioned:

F. Provide a statement below, or on a separate sheet, that summarizes maximum good faith efforts achieved, and/or the intent

to increase minority participation throughout the life of the contract or the basis for a full waiver request.

G. A full waiver request must be justified and attached.

Full Waiver Approved: Partial Waiver Approved: Date: Date:

MFD Program Officer MFD Program Officer Full Waiver Approved:

Date:

Partial Waiver Approved:

Date:

Director Cherri Branson

Office of Procurement

Director Cherri Branson

Office of Procurement

The Contractor submits this MFD Subcontractor Performance Plan (Plan Modification No. ) in accordance with the Minority Owned Business Addendum to General Conditions of Contract between County and Contractor. CONTRACTOR SIGNATURE USE ONE:

1. TYPE CONTRACTOR’S NAME:

Signature

Typed Name

Date

PMMD-65 Rev. 06/15

2. TYPE CORPORATE CONTRACTOR’S NAME:

Signature

Typed Name

Date I hereby affirm that the above named person is a corporate officer or a designee empowered to sign contractual agreements for the corporation.

Signature

Typed Name

Title

Date

APPROVED:

Cherri Branson, Director, Office of Procurement Date Section 7.3.3.4(a) of the Procurement Regulations requires: The Contractor must notify the Director, Office of Procurement of any proposed change to the Subcontractor Performance Plan.

PMMD-177 09/15 1

Wage Requirements for Services Contract Addendum to The General Conditions of Contract Between County and Contractor

A. This contract is subject to the Wage Requirements Law, found at Section 11B-33A of the Montgomery County Code ( “WRL”

or “11B-33A”). A County contract for the procurement of services must require the contractor and any of its subcontractors to comply with the WRL, subject to the exceptions for particular contractors noted in 11B-33A (b) and for particular employees noted in 11B-33A (f).

B. Conflicting requirements (11B-33A (g)): If any federal, state, or County law or regulation requires payment of a higher wage,

that law or regulation controls. If any applicable collective bargaining agreement requires payment of a higher wage, that agreement controls.

C. A nonprofit organization that is exempt from the WRL under 11B-33A (b)(3) must specify the wage the organization intends to

pay to those employees who will perform direct, measurable work under the contract, and any health insurance the organization intends to provide to those employees. Section 11B-33A (c)(2).

D. A contractor must not split or subdivide a contract, pay an employee through a third party, or treat an employee as a

subcontractor or independent contractor, to avoid the imposition of any requirement in 11B-33A. E. Each contractor and subcontractor covered under the WRL must: certify that it is aware of and will comply with the applicable

wage requirements; keep and submit any verifiable records necessary to show compliance; and conspicuously post notices approved and/or supplied by the County, informing employees of the wage requirements. Section 11B-33A (h).

F. An employer must comply with the WRL during the initial term of the contract and all subsequent renewal periods, and must

pay the adjusted wage rate increase required under 11B-33A (e)(2), if any, which is effective July 1 of each year. The County will adjust the wage rate by the annual average increase in the Consumer Price Index for all urban consumers for the Washington-Baltimore metropolitan area, or successor index, for the previous calendar year and must calculate the adjustment to the nearest multiple of 5 cents.

G. An employer must not discharge or otherwise retaliate against an employee for asserting any right, or filing a complaint of a

violation, under the WRL. H. The sanctions under Section 11B-33 (b), which apply to noncompliance with nondiscrimination requirements, apply with equal

force and scope to noncompliance with the wage requirements of the WRL. I. The County may assess liquidated damages for any noncompliance by contractor or its subcontractor with the WRL based on

the rate of 1% per day of the total contract amount, or the estimated annual contract value of a requirements contract, for each day of the violation. This liquidated damages amount includes the amount of any unpaid wages, with interest. In the event of a breach of contract under this paragraph, the Contractor must pay to the County liquidated damages noted above, in addition to any other remedies available to the County. Contractor and County acknowledge that damages that would result to the County as a result of a breach under this paragraph are difficult to ascertain, and that the liquidated damages provided for in this paragraph are fair and reasonable in estimating the damage to the County resulting from a breach of this paragraph by Contractor. If the County determines, as a result of a WRL audit that the Contractor has violated requirements of the WRL, including but not limited to the wage requirements, the County will assess the Contractor for the cost incurred by the County in conducting the audit. In addition, the contractor is jointly and severally liable for any noncompliance by a subcontractor. Furthermore, Contractor agrees that an aggrieved employee, as a third-party beneficiary, may by civil action against the violating contractor or subcontractor enforce the payment of wages due under the WRL and recover from the Contractor or subcontractor any unpaid wages with interest, a reasonable attorney’s fee, and damages for any retaliation by the Contractor or subcontractor arising from the employee asserting any right, or filing a complaint of violation, under the WRL.

J. The County has established a program of random audits to assure compliance with the WRL. The Director may conduct an on-

site inspection(s) for the purpose of determining compliance. Some of the documents that may be required during an audit are listed on the Wage Requirements Law FAQ web page: http://www.montgomerycountymd.gov/PRO/DBRC/WRL.html

K. The Contractor is in breach of this contract if the Contractor fails to submit timely documentation demonstrating compliance

with the WRL to the satisfaction of the Director, including: the Wage Requirements Law Payroll Report Form (PMMD-183), which is required to be submitted by the end of the month (January, April, July, October) following each quarter; documents requested in conjunction with a random or compliance audit being conducted by the County; or documents otherwise requested by the Director. In the event of a breach of contract under this paragraph, or for any other violation of the WRL, the County may assess against, or withhold from payment to, Contractor, the liquidated damages noted in paragraph I. above, in addition to any other remedies available to the County. Contractor and County acknowledge that damages that would result to the County as a

PMMD-177 09/15 2

result of a breach under this paragraph are difficult to ascertain, and that the liquidated damages provided for in this paragraph are fair and reasonable in estimating the damage to the County resulting from a breach of this paragraph by Contractor.

L. For any questions, please contact the Wage Requirements Law Program Manager at 240-777-9918 or [email protected] .

[Remainder of Page Intentionally Left Blank]

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PMMD-177 Rev 09/15

Wage Requirements Law Certification (Montgomery County Code, Section 11B-33A)

Business Name

Address City State Zip Code Phone Number Fax Number E-Mail Address

Provide, in the spaces below, the contact name and information of the individual designated by your firm to monitor your compliance with the County’s Wage Requirements Law, unless exempt under Section 11B-33A (b) (see Section B. below):

Contact Name Title

Phone Number Fax Number E-mail Address

In the event that you, the “Offeror,” are awarded the contract and become a Contractor, YOU MUST MARK or in ALL BOXES BELOW that apply. A. Wage Requirements Compliance This Contractor, as a “covered employer”, will comply with the requirements under County Code Section 11B-

33A, “Wage Requirements” (“Wage Requirements Law” or WRL”). Contractor and its subcontractors will pay all employees not exempt under the WRL, and who perform direct measurable work for the County, the required wage rate effective at the time the work is performed. The offer price(s) submitted under this solicitation include(s) sufficient funds to meet the requirements of the WRL. A “covered employer” must submit (preferably via email) quarterly (by the end of January, April, July, and October for the quarter ending the preceding month) certified payroll records for each payroll period and for all employees of the contractor or a subcontractor performing services under the County contract governed by the Wage Requirements Law, to the Division of Business Relations and Compliance, Attn: Wage Requirements Law Program Manager. These payroll records must include the following: name; position/title; gender/race (for contracts awarded after October 1, 2015); daily straight-time hours worked; daily overtime hours worked; straight-time hourly pay rate; overtime hourly pay rate; both employer and employee share of health insurance premium; and total gross wages paid for each period. A sample of the Payroll Report Form can be found at the link below. (http://www.montgomerycountymd.gov/PRO/DBRC/WRL.html). In lieu of the quarterly Payroll Report Form, payroll registers generally satisfy the requirement. Late submission or non-submission of this information, or any other violation of the WRL, may result in the County withholding contract payments and additional actions by the County, including but not limited to: assessing liquidated damages, terminating the contract, or otherwise taking action to enforce the contract or the Wage Requirements Law. The Contractor must ensure that NO Social Security number of any person, other than the last four digits, is included on the quarterly report.

B. Exemption Status (if applicable)

This Contractor is exempt from Section 11B-33A, “Wage Requirements,” because it is: 1. Reserved – [Intentionally left blank].

2. a contractor who, at the time a contract is signed, has received less than $50,000 from the County in the most recent 12-month period, and will be entitled to receive less than $50,000 from the County under that contract in the next 12-month period. Section 11B-33A (b)(1);

3. a public entity. Section 11B-33A (b)(2). 4. a non-profit organization that has qualified for an exemption from federal income taxes under Section

501(c)(3) of the Internal Revenue Code. Section 11B-33A (b)(3) (must complete item C below).

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PMMD-177 Rev 09/15

5. an employer expressly precluded from complying with the WRL by the terms of any federal or state law, contract, or grant. Section 11B-33A (b)(7) (must specify the law, or furnish a copy of the contract or grant).

C. Nonprofit Wage & Health Information

This Contractor is a non-profit organization that is exempt from coverage under Section 11B-33A (b)(3). Accordingly, the contractor has completed the 501 (c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form, which is attached. See Section11B-33A (c)(2).

D. Nonprofit’s Comparison Price(s) (if desired)

This Contractor is a non-profit organization that is opting to pay its covered employees the hourly rate specified in the wage requirements. Accordingly, Contractor is duplicating the blanket-cost quotation sheet on which it is submitting its price(s) in the RFP, and is submitting on this duplicate form its price(s) to the County had it not opted to pay its employees the hourly rate specified in the WRL. For proposal evaluation purposes, this price(s) will be compared to price(s) of another nonprofit organization(s) that is paying its employees an amount consistent with its exemption from paying the hourly rate under the WRL. This revised information on the duplicate cost sheet must be clearly marked as your nonprofit organization comparison price(s). In order for the County to compare your price(s), the revised information on the duplicate cost sheet must be submitted with your offer on or before the offer opening date, must show how the difference between your nonprofit organization price(s) and other organization comparison price(s) was calculated. Section 11B-33A (c)(2).

E. Sole Proprietorship

Sole Proprietorships are subject to the WRL. In order to be excused from the posting and reporting requirements of the WRL, the individual who is the sole proprietor must sign the certifications below in order to attest to the fact that the Sole Proprietorship: (1) is aware of, and will comply with, the WRL, as applicable; (2) has no employees other than the sole proprietor; and (3) will inform the Montgomery County Office of Business Relations and Compliance if the sole proprietor

employs any workers other than the sole proprietor.

Contractor Certification

CONTRACTOR SIGNATURE: Contractor submits this certification form in accordance with Section 11B-33A of the Montgomery County Code. Contractor certifies that it, and any and all of its subcontractors that perform services under the resultant contract with the County, adheres to Section 11B-33A of the Montgomery County Code.

Authorized Signature

Title of Authorized Person

Typed or printed name Date

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PMMD-177 Rev 09/15

501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form

Business Name

Address City State Zip

Code

Phone Number Fax Number

E-Mail

Please provide below the employee labor category of all employee(s) who will perform direct measurable work under this contract, the hourly wage the organization pays for that employee labor category, and any health insurance the organization intends to provide for that employee labor category:

Employee Labor Category Wage per Hour

Name of Health Insurance Provider(s) and Plan Name* (e.g. ABC Insurer, Inc. , HMO Medical and Dental)

* IF NO HEALTH INSURANCE PLAN IS PROVIDED PLEASE STATE “NONE”.